This pamphlet provides an overview on the types of writs of mandate, what they are used for, and when a writ of mandate may be sought.
Montana USLegal Pamphlet on Writ of Mandate
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An alternative writ of mandate is a court order that 1) states the allegations of a complaint against a governmental agency, corporation, court, official, or other public authority and 2) directs the party to either perform a legally obligated action (or cease an activity) at some specified time or show cause before ...
For example, a writ of mandamus might be filed in a case where a judge has a personal connection to a case or its participants but refuses to remove themself from the case. The mandamus would be asking the higher court to compel the lower court judge to appoint another judge to the case.
An alternative writ of mandate is a court order that 1) states the allegations of a complaint against a governmental agency, corporation, court, official, or other public authority and 2) directs the party to either perform a legally obligated action (or cease an activity) at some specified time or show cause before ...
A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. See e.g. Cheney v. United States Dist.
There are several steps to filing a writ of mandamus, which include preparing a lawsuit, filing with the appropriate court, summoning and serving the defendants, and making copies of relevant paperwork among other things.
Most attorneys charge about USD $6000 for filing a Mandamus Case. The costs vary and might change based on your specific case details and the amount of time required. Can I file Mandamus Myself Or do Need An Attorney? You will need an attorney to file a Mandamus application on your behalf.
